Taiwan's Amended Copyright Law

Taiwan amended its Copyright Law, again, effective September 1, 2004. The changes are generally minor, with the most significant changes as follows:

  1. Recognition of copy-protection systems was added to promote the development of the digital industry in Taiwan. Anyone who wants to bypass or decode the protection measures must obtain the copyright owner's license in advance.
  2. Some articles regarding punishment were revised to resolve confusion or problems with enforcement. For example, the requirement of "intent to make profit" was deleted from the elements of criminal copyright infringement. In addition, the minimum criminal punishment for optical disk piracy was changed from detention to up to a six-month sentence.
  3. The amended Law also requires that Taiwan's Intellectual Property Office define the scope of "reasonable use" by December 31, 2004.
  4. The amended Law affords Customs the right to suspend the release of imported or exported goods suspected of copyright infringement, pending submission of authorization documents from the importers or exporters within a designated time period.

Implementing Rules for Customs Detaining and Seizing Trademark-Infringing Goods

Taiwan's Ministry of Economic Affairs and Ministry of Finance issued the Implementing Rules for Customs Detaining and Seizing Trademark Infringing Goods, effective on September 15, 2004. The rules provide details of the documents and types of bond required for Customs action, the application procedures for detaining goods, and the procedures for inspecting detained goods. The rules also set forth the documents required for cancellation of the detainment and the types of bond required for such cancellation.

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